Posts By: Jason Resnick
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Piece-Rate Workshop — Payment for Rest Periods and Non Productive Time
Complying with California’s rules for paying piece-rate workers can be tricky. When you consider the potential exposure for failing to pay correctly, you can’t afford to get it wrong. Join Western Growers’ Vice President and General Counsel Jason Resnick for an overview of piece-rate compensation legal requirement and legal trends. In addition, you will learn ...
Gerawan Appeals Court Victory Sets Stage for Hearing before CA Supreme Court
On May 14, 2015, a California appellate court issued its decision in Gerawan Farming Inc. v. Agricultural Labor Relations Board (United Farm Workers), setting up a possible future showdown between the parties in the California Supreme Court. Western Growers — and several other agricultural trade associations — filed an amicus brief in April of 2014 ...
Injunction on President’s Executive Actions Upheld by Federal Appeals Court
This week, the U.S. Court of Appeals for the Fifth Circuit let stay an injunction on President Obama’s executive actions granting protection from deportation and the right to work to parents of U.S. citizens and legal permanent residents who have lived in the United States for at least five years and to several hundred thousand ...
New AB 60 Driver’s License Guidance Issued
On May 19, 2015, the U.S. Department of Homeland Security updated the Frequently Asked Questions section of the U.S. Citizenship and Immigration Services website in connection with driver authorization and driver privilege cards such as the AB 60 driver’s license that the California Department of Motor Vehicles began issuing this year. Employers presented with a ...
Additional Guidance on AB 60 Calif. Driver’s Licenses
On May 19, 2015, the U.S. Citizenship and Immigration Services posted guidance on its website for employers of employees who present a driver’s license issued by a state to persons who cannot submit satisfactory proof of legal presence in the United States. In sum, the guidance states that such a license: Must be accepted in ...
Computer Glitch Delays H-2A Visa Processing
The United States is experiencing a worldwide delay in the processing of visas and passports at its consulates and embassies abroad, including Mexico, due to technical difficulties. “A hardware failure on June 9 halted the flow of biometric clearance requests from posts to the Consular Consolidated Database (CCD). Individuals who submitted online applications or were ...
Cal-OSHA Settles UFW Heat Illness Enforcement Lawsuit
Cal/OSHA and the United Farm Workers union have reached a settlement in the long-running lawsuit over heat illness enforcement. Under the terms of the agreement, Cal/OSHA has agreed to step up inspections during the heat season and target repeat offenders. The agreement also expands the UFW’s role in reporting employers it suspects of violating existing rules, ...
Brown Appoints Top ALRB Attorney as Counsel
Sylvia Torres-Guillen, the Agricultural Labor Relations Board’s (ALRB) general counsel, has left the agency to serve as special counsel to Governor Jerry Brown. Torres-Guillen’s tenure was marked by major policy and personnel changes as well as controversial actions in a number of cases, most notably the UFW’s attempt to force Gerawan Farms and its employees ...
Reminder — California’s Paid Sick Leave Law Takes Effect July 1
The new California paid sick leave law (AB 1522) — which requires that all employees receive a minimum of paid sick leave per year and requires employers to track sick leave accrual and use — takes effect on July 1. Here is a brief summary of what this change will mean to Western Growers members: ...
Wall Street Journal — U.S. Visa System Back Online
Yesterday, the Wall Street Journal reported that the system failure which prevented the processing of visas around the world for over two weeks — including H-2A visas for farm workers — has been resolved. Initially it was estimated that the inability of the State Department to process H2A visas cost California farmers between $500,000 and ...
California Family Rights Act Amendments Now in Effect
Effective July 1, 2015, amendments to the California Family Rights Act (CFRA) have gone into effect which increase an employer’s duties and rights under the CFRA and clarify the regulations. Many of the changes are aimed at more closely aligning the CFRA with the federal Family Medical Leave Act (FMLA), which should make compliance with ...
ALRB Acting General Counsel Appointed
Mark Woo-Sam, 46, has been appointed acting general counsel of the Agricultural Labor Relations Board effective July 1. The appointment follows the announcement that embattled ALRB General Counsel Sylvia Torres-Guillen has taken a position as Special Counsel to Governor Brown. Woo-Sam has served as general counsel at the California Labor and Workforce Development Agency (LWDA) since ...
Amendments to California Paid Sick Leave Law Now Effective
Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately after Governor Jerry Brown signed AB 304 into law on July 13, 2015. Key provisions of the amendment affect calculation of the rate of pay, method of accrual of paid leave, ...
California Contractors Fined over $240k by Cal-OSHA for Valley Fever Violations
In a press release issued today, Cal/OSHA announced it cited six employers $241,950 for workplace safety and health violations after reports that workers contracted Valley Fever on a solar project construction site in Monterey County. “Employers who work in areas endemic to Valley Fever must take preventative measures to protect workers who may be exposed,” ...
California Supreme Court Denies Gerawan’s Bid to End Forced Union Contracts
The California Supreme Court on Monday upheld a state law that compels agricultural employers and their employees’ unions to enter into forced union contracts, overturning an appellate court ruling that the law discriminates against farmers by holding them to different standards. Gerawan Farming, Inc. challenged the constitutionality of the compulsory arbitration process known as “Mandatory…
Don’t Fall Victim to this Arizona Paid Sick Leave Trap
The Fair Wages and Healthy Families Act does not require an employer to pay out an employee’s unused earned paid sick time (PST) at the end of each year or at separation. Employers may choose to pay out unused earned PST at the end of the employer’s year or at separation. However, an employer who ...
State Minimum Wages to Increase Jan. 1, 2018
Legislation has been passed that will affect employers in California, Arizona and Colorado. Below is a breakdown of how the minimum wage laws will affect all Western Growers members. California In 2016, SB 3 was signed to gradually increase the minimum wage in California to $15 per hour by 2022. Beginning January 1, 2018, employers with ...
Wildfires Provoke Cautionary Advisory to Employers on Worker Safety
Cal/OSHA issued an advisory yesterday reminding employers of the dangers posed by wildfire smoke and the special precautions that must be taken to protect workers. Employers with operations exposed to wildfire smoke must consider taking appropriate measures as part of their Injury and Illness Prevention Program under Title 8 section 3203 of the California Code ...
Cal/OSHA Issues Updated Guidance to Employers on Respiratory Protection from Wildfires
With the Southern California wildfires still raging, Cal/OSHA issued an advisory providing updated guidance to employers with outdoor workers who may be exposed to wildfire smoke. The advisory states: When outdoor workers are exposed to air quality that is designated “Unhealthy”, “Very Unhealthy” or “Hazardous” by local air quality management districts, employers are required to…
2018 H-2A Wage Rates Announced; Become Effective January 4, 2018
Today, December 21, 2017, the Employment and Training Administration (ETA) of the Department of Labor (Department) issued its Federal Register Notice to announce the 2018 Adverse Effect Wage Rates (AEWRs). This notice applies to the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services. AEWRs are the minimum ...